Facts of the Case
The assessee, Shri Yogi Satyam, is a
spiritual teacher associated with Kriya Yog Ashram & Research Institute,
Jhunsi, Allahabad, a non-profit organization engaged in spreading Kriyayoga.
The Assessing Officer received information regarding substantial cash and bank
deposits in the assessee’s bank accounts for Assessment Years 2012-13 to
2016-17. As no returns were originally filed, proceedings were initiated under
sections 147 and 148 of the Income Tax Act, 1961.
During assessment, the Assessing
Officer treated the excess of receipts over utilization as taxable income of
the assessee and also made ad-hoc disallowances of cash withdrawals on the
ground of incomplete vouchers. Assessments were completed under section 143(3)
read with section 147. The National Faceless Appeal Centre partly sustained the
additions, leading to further appeals before the Tribunal.
Issues Involved
- Whether surplus of receipts over expenditure
received in a fiduciary capacity on behalf of a religious ashram can be
taxed as personal income.
- Whether reopening of assessment merely on the
basis of bank deposits was justified.
- Whether ad-hoc disallowance of cash expenditure
was sustainable when utilization of funds was not disputed.
- Whether earlier appellate relief granted on
identical facts should be followed applying the rule of consistency.
Petitioner’s Arguments
The assessee contended that all
receipts deposited in the bank accounts represented voluntary donations and
contributions received on behalf of Kriya Yog Ashram and were held in a
fiduciary capacity. It was submitted that the assessee was not engaged in any
business or profit-making activity and had not utilized any amount for personal
benefit.
It was further argued that mere
non-utilization of entire receipts during a particular year does not change the
character of receipts. Reliance was placed on appellate orders for earlier
years where identical additions under section 69A were deleted and on the
binding judgment of the Allahabad High Court in CIT vs Bithal Das Modi,
holding that amounts received in a representative or fiduciary capacity cannot
be taxed as personal income.
Respondent’s Arguments
The Revenue relied on the assessment
orders and contended that since the amounts were deposited in the assessee’s
personal bank accounts and no separate balance sheet of the ashram was filed,
the surplus was rightly treated as income. It was also argued that reopening
was valid due to non-filing of returns and substantial bank deposits.
Court Order / Findings
The Tribunal observed that the
authorities below had not disputed the fact that the receipts were utilized for
the purposes of Kriya Yog Ashram and that the assessee was engaged solely in
spiritual and teaching activities. It noted that similar additions made in
earlier years on identical facts had already been deleted by the appellate
authorities.
The Tribunal held that merely because
the funds were routed through the assessee’s bank accounts, the surplus could
not be treated as personal income when the assessee was acting only as a
custodian or conduit. It further held that ad-hoc disallowance of cash
expenditure was unjustified when the nature of activities and utilization of
funds was accepted.
Relying on the principle of
consistency and the binding precedent of the jurisdictional High Court in CIT
vs Bithal Das Modi (276 ITR 517), the Tribunal deleted the additions and
allowed the appeals of the assessee.
Important Clarification
The Tribunal clarified that receipts
held in a fiduciary or representative capacity do not assume the character of
taxable income merely due to temporary surplus or mode of deposit. Taxability
must be determined based on the real nature and purpose of receipts, and
consistency must be maintained when facts remain unchanged across assessment
years.
Link to download the order - https://www.mytaxexpert.co.in/uploads/1770633398_YOGISATYAMALLAHABADVS.ITOWARD15ALLAHABAD.pdf
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